ERP Litigation

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ERP projects fail for a variety of reasons. Sometimes software vendors overpromise and under deliver with respect to the software’s functionality or the vendor’s expertise in a particular industry. Other times the vendor is attempting to penetrate a new industry vertical or attempting to introduce new functionality for business processes with which the vendor is unfamiliar. However, ERP implementations most often fail because of ineffective project management. ERP consultants fail to follow implementation methodology best practices and fail to properly mitigate risks. They assign consultants that have little experience with the software’s functionality or the client’s industry. This results in project milestone dates being pushed back and deliverables that fail to conform with specifications.

Just as ERP implementations succeed or fail depending on effective or ineffective project management, successfully litigating an ERP implementation lawsuit depends on the team of attorneys chosen to handle the case. Our attorneys have extensive ERP industry experience and understand the problems that lead to failed ERP software implementations. Since 1999 we have dedicated our practice to recovering damages for clients whose ERP projects have been plagued by faulty deliverables, missed milestones, failed go-lives and ineffective project management.

We have developed an approach to aggressively pursue ERP vendors head-on in order to receive the most favorable results for our clients.

Our ERP litigation methodology includes the following steps:

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A thorough pre-complaint fact investigation utilizing technical and damages experts as necessary to ensure all relevant causes of actions are considered and pled.

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We draft, file, and then serve a complaint upon the ERP vendor alleging those causes of action supported by our pre-complaint investigation.

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Evaluation of the case by a team of technical experts who specialize in evaluating and rescuing failed ERP projects.

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Evaluation of the case by a team of damages experts who specialize in analyzing and quantifying losses stemming from failed ERP projects.

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We use the discovery process to obtain evidence focused on the themes established during our pre-complaint investigation and technical and damages evaluations.

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If settlement is not an option, we try the case focusing on themes established throughout discovery. We use evidence and examinations to neutralize ERP Vendor defenses and to advance our themes and arguments.